Tag: #imminenthazard

FMCSA Declares New York-Licensed Driver an Imminent Hazard to Public Safety

Posted on by McCraren Compliance

Original article published by FMCSA

WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has declared New York-licensed commercial driver Saul Aquiles Carrera to be an imminent hazard to public safety and ordered him to immediately cease operating any commercial motor vehicle (CMV) in interstate or intrastate commerce.  Williams was served the Federal order on April 14, 2023.

On March 26, 2023, Carrera was driving a large commercial motor vehicle on Interstate 81 in Tennessee. At approximately 7:00 pm, Carrera ran into another vehicle that was disabled on the side of the road, killing four people and injuring another. Subsequent testing showed Carrera had a blood alcohol concentration of 0.16, well over the .04 threshold for a CMV driver.  Additionally, empty beer cans were found in and around the cab of Carrera’s CMV.  Under the Federal Motor Carrier Safety Regulations, drivers with a commercial driver’s license (CDL) are subject to a variety of prohibitions on use of alcohol prior to and while driving CMVs, including a prohibition on using any alcohol within four hours of driving and a prohibition on driving with an alcohol concentration of .04 or greater.

Based on this, Carrera will be listed as prohibited in FMCSA’s Drug and Alcohol Clearinghouse, and FMCSA is working with the state of New York to disqualify his CDL. He is charged in Tennessee with four counts of Vehicular Homicide by Intoxication, Driving Under the Influence, Reckless Aggravated Assault, Reckless Endangerment, and Failing to Exercise Due Care.

FMCSA’s Imminent Hazard Out-of-Service Order states that Carrera’s “blatant and egregious violations of the FMCSRs and disregard for the safety of the motoring public demonstrated by these actions substantially increases the likelihood of serious injury or death to you and/or the motoring public.” 

Failing to comply with the provisions of the Federal Imminent Hazard Order may result in civil penalties of up to $2,232.  Knowing and/or willful violations may result in criminal penalties.

A copy of the Imminent Hazard Order issued to Saul Aquiles Carrera is available here.

McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

FMCSA Declares Texas Motor Carriers to be an Imminent Hazard to Public Safety

Posted on by McCraren Compliance

Original article published by FMCSA

WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has declared Texas Interstate Express LLC, USDOT No. 3818527, and PAC Express LLC, USDOT No. 3918055, related motor carriers located in the Houston area, to be an “imminent hazard” to public safety and ordered the motor carriers to immediately cease all interstate and intrastate operations.  The motor carriers were served the Federal order on November 11, 2022.

PAC Express LLC began operating after the FMCSA began attempting to conduct a compliance investigation on Texas Interstate Express LLC.  FMCSA had identified Texas Interstate Express for investigation based on the carrier’s widespread violations documented by FMCSA and its partners during roadside inspections.  Texas Interstate Express had more than double the national average vehicle out-of-service rate and almost ten times the national average driver out-of-service rate.  Texas Interstate Express shifted its operations over to PAC Express and operated as PAC Express despite the fact that Texas Interstate Express had been issued an Out-of-Service Order for failing to comply with a demand to produce the records required to conduct a compliance investigation.  During a subsequent FMCSA review of PAC Express, FMCSA found the motor carrier to be egregiously noncompliant with multiple Federal safety regulations, including violations in the following parts: Controlled Substances and Alcohol Use and Testing (49 CFR Part 382); Commercial Driver’s License Standards (49 CFR Part 383); Driver Qualification (49 CFR Part 391); Parts and Accessories Needed for Safe Operations (49 CFR Part 393); Hours of Service of Drivers (49 CFR Part 395); and Vehicle Inspection, Repair, and Maintenance (49 CFR Part 396).

Roadside inspections conducted on Texas Interstate Express demonstrated egregious violations such as using drivers who were prohibited in the Drug and Alcohol Clearinghouse, using drivers who had no commercial driver’s license, using drivers who had no records of duty status, and allowing drivers to violate roadside out-of-service conditions.  In signed statements, two of Texas Interstate Express’ drivers stated to FMCSA that motor carrier official(s) at Texas Interstate Express and/or PAC Express instructed them to disregard being placed out-of-service for hours-of-service (HOS) violations and continue on with trips after the roadside inspectors were no longer monitoring them. The same two drivers stated that they were also instructed to avoid inspections and bypass scales and that they would be dispatched on trips that could not be made within HOS rules and without speeding.  As suggested by the findings of the roadside inspections on Texas Interstate Express and then PAC Express, PAC Express did not have a program to detect and deter the use of controlled substances by its drivers, did not have an effective program to ensure its drivers were qualified and licensed, did not have a program to control its drivers’ hours of service, and did not have a program to ensure its vehicles were appropriately inspected and repaired.

FMCSA’s imminent hazard out-of-service order states that Texas Interstate Express’ and PAC Express’ “…avoidance of compliance with the [safety regulations] and the Out-of-Service Order substantially increases the likelihood of serious injury or death for your drivers and the motoring public if your operations are not discontinued immediately.”

Failing to comply with the provisions of the Federal imminent hazard order may result in civil penalties of up to $29,893 for each violation.  Motor carriers may also be assessed civil penalties of not less than $11,956 for providing transportation in interstate commerce without operating authority registration, and up to $16,864 for operating a CMV in interstate commerce without USDOT Number registration.  Knowing and/or willful violations may result in criminal penalties.

A copy of the imminent hazard order issued to Texas Interstate Express and PAC Express is available here.

McCraren Compliance offers many opportunities in safety training to help circumvent accidents. Please take a moment to visit our calendar of classes to see what we can do to help your safety measures from training to consulting.

FMCSA Declares Motor Carrier to be an Imminent Hazard to Public Safety

Posted on by McCraren Compliance

First published by FMCSA

WASHINGTON – The U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) has declared Alvarez Transport LLC, USDOT No. 2484230, a motor carrier located in Orange, CT, to be an “imminent hazard” to public safety and ordered the motor carrier to immediately cease all interstate and intrastate operations.  The motor carrier was served the Federal order on June 23, 2022.

FMCSA’s imminent hazard order states that the basis for finding that Alvarez Transport, LLC, “pose[s] an imminent hazard to the public is [its] continued widespread noncompliance with Federal safety regulations including regulations in 49 CFR Part 382 (Controlled Substances and Alcohol Use and Testing), 49 CFR Part 383 (Commercial Driver’s License Standards; Requirements and Penalties), 49 CFR Part 391 (Qualifications of Drivers), and 49 CFR Part 396 (Vehicle Inspection, Repair, and Maintenance).”

During a Compliance Investigation that began on May 25, 2022, FMCSA safety investigators discovered extensive acute and/or critical violations in almost every part of the FMCSRs that they reviewed, including 49 CFR Parts 382, 383, 391, and 396. Cumulatively, these violations demonstrated the motor carrier’s lack of effective safety management controls and significantly increased the likelihood of death or serious injury if not discontinued immediately.

Moreover, while the Compliance Investigation was ongoing, on or about June 2, 2022, Alvarez Transport, LLC dispatched driver Dante C. Elliott to drive a commercial motor vehicle (CMV) for which a commercial driver’s license is required in interstate commerce from New Haven, CT to Williamstown, VT. At the time of dispatch, the motor carrier had in its records a copy of Mr. Elliott’s driver’s license that showed it was expired. While attempting to navigate a sharp curve on Vermont Route 64 in this CMV, Mr. Elliott left the traveled portion of the roadway, the CMV slid into a ditch, overturned, and then came to a position of uncontrolled rest on its roof. Both Mr. Elliott and his passenger were killed in the crash. Witnesses reported that the CMV’s brakes were smoking before the crash, and a post-crash inspection discovered several out-of-service vehicle conditions. Local law enforcement is still in the process of investigating this crash.

Failing to comply with the provisions of the Federal imminent hazard order may result in civil penalties of up to $29,893.  Knowing and/or willful violations may result in criminal penalties.

McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

FMCSA Declares Motor Carrier to be an Imminent Hazard to Public Safety

Posted on by McCraren Compliance

First published by FMCSA Hazard to Public Safety

WASHINGTON – The U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) has declared Jaypur Logistics LLC, USDOT No. 3150073, a motor carrier located in the Houston, Texas area, to be an “imminent hazard” to public safety and ordered the motor carrier to immediately cease all interstate and intrastate operations.  The motor carrier was served the Federal order on May 7, 2022.

FMCSA identified Jaypur Logistics for investigation based on the carrier’s widespread violations documented by FMCSA and its partners during roadside inspections.  Jaypur Logistics had almost double the national average vehicle out-of-service rate and over five times the national average driver out-of-service rate.  The FMCSA review of Jaypur Logistics found the motor carrier to be egregiously noncompliant with multiple Federal safety regulations, including: Controlled Substances and Alcohol Use and Testing (49 CFR Part 382); Commercial Driver’s License Standards (49 CFR Part 383); Driver Qualification (49 CFR Part 391); Unsafe Driving (49 CFR Part 392); Hours of Service of Drivers (49 CFR Part 395); and vehicle Inspection, Repair, and Maintenance (49 CFR Part 396).

During FMCSA’s investigation, Jaypur Logistics demonstrated a severe lack of oversight of its operations.  It could only identify a fraction of the drivers and vehicles operating under its authority and was not even aware its drivers had hauled hazardous materials.  Jaypur Logistics failed to ensure its drivers were eligible to drive, allowing six drivers who were already prohibited in the FMCSA’s Drug and Alcohol Clearinghouse to operate on its behalf.  Twice Jaypur Logistics’ drivers have been cited for operating under the influence and three times its drivers have been cited for on-duty possession of drugs or alcohol.  Jaypur Logistics did not have a program to detect and deter the use of controlled substances by its drivers, did not have an effective program to ensure its drivers were qualified and licensed, did not have a program to control its drivers’ hours of service, and did not have a program to ensure its vehicles were appropriately inspected and repaired.

FMCSA’s imminent hazard out-of-service order states that Jaypur Logistics’  “…complete and utter disregard for the [federal safety regulations] substantially increases the likelihood of serious injury or death for your drivers and the motoring public if your operations are not discontinued immediately.”

Failing to comply with the provisions of the Federal imminent hazard order may result in civil penalties of up to $29,893 for each violation.  Jaypur Logistics LLC may also be assessed civil penalties of not less than $11,956 for providing transportation in interstate commerce without operating authority registration, and up to $16,864 for operating a CMV in interstate commerce without USDOT Number registration.  Knowing and/or willful violations may result in criminal penalties.

A copy of the imminent hazard order issued to Jaypur Logistics is available here.

McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

FMCSA Declares Pennsylvania-Licensed Driver an Imminent Hazard to Public Safety

Posted on by McCraren Compliance

First published by FMCSA

WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has declared Pennsylvania-licensed commercial vehicle driver Elwood M. Roberson to be an “imminent hazard” to public safety and ordered him to immediately cease operating any commercial motor vehicle (“CMV”) in interstate commerce.  Mr. Roberson was served the Federal order on April 25, 2022.

On February 11, 2022, Mr. Roberson was operating a CMV transporting propane, a hazardous material, on River Road in Manor Township, Pennsylvania.  Mr. Roberson crossed the center line of the road and side-swiped an on-coming vehicle.  Mr. Roberson was taken into custody and administered a blood alcohol test by the Manor Township Police Department.  Mr. Roberson’s blood alcohol content was 0.21, more than five times the 0.04 legal limit for CMV drivers.  Under the Federal Motor Carrier Safety Regulations (FMCSRs), drivers with a commercial driver’s license (CDL) are subject to a variety of prohibitions on use of alcohol prior to and while driving CMVs, including a prohibition on using any alcohol within four hours of driving and a prohibition on driving with an alcohol concentration of .04 or greater.

Mr. Roberson is now listed as prohibited in FMCSA’s Drug and Alcohol Clearinghouse and faces possible criminal charges in Pennsylvania.

FMCSA’s imminent hazard order states that Mr. Roberson “failed to exercise an appropriate duty of care to the motoring public while operating a CMV that was transporting propane, a hazardous material. Specifically, [he] ignored FMCSRs relating to alcohol use and the safe operation of a CMV. These violations and blatant disregard for the safety of the motoring public demonstrated by these actions substantially increases the likelihood of serious injury or death to [him] and the motoring public if not discontinued immediately.”

Failing to comply with the provisions of the Federal imminent hazard order may result in civil penalties of up to $2,072.  Knowing and/or willful violations may result in criminal penalties.

A copy of the imminent hazard order issued to Elwood M. Roberson is available here.

McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

FMCSA Disqualifies Wyoming-Licensed Driver for being an Imminent Hazard to Public Safety

Posted on by McCraren Compliance

First published by FMCSA

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has disqualified Wyoming-licensed commercial driver David R. Williams after determining he constitutes  an “imminent hazard” to public safety and ordered him to immediately cease operating any commercial motor vehicle (“CMV”) in interstate or intrastate commerce.  Williams was served the Federal order on March 16, 2022.

On February 16, 2022, Williams was driving a school bus transporting high school students from Cheyenne, Wyoming, to Spearfish, South Dakota for a school event.  Williams was pulled over for a roadside inspection after a Wyoming Highway Patrol officer observed him to be following too close and failing to maintain lane control.  After failing a field sobriety test, Williams submitted to a breath test which showed an alcohol concentration of approximately .15, well over the .04 threshold for a commercial motor vehicle driver.  In addition, in-vehicle video evidence showed Williams to be drinking alcohol both before and while transporting the students.  Under the Federal Motor Carrier Safety Regulations (FMCSRs), drivers with a commercial driver’s license (CDL) are subject to a variety of prohibitions on use of alcohol prior to and while driving CMVs, including a prohibition on using any alcohol within four hours of driving and a prohibition on driving with an alcohol concentration of .04 or greater.

Williams is now listed as prohibited in FMCSA’s Drug and Alcohol Clearinghouse and faces a number of possible criminal charges in Wyoming.

FMCSA’s imminent hazard disqualification order states that William’s “blatant violations of the FMCSRs and disregard for the safety of your school-age passengers and other highway users demonstrated by these actions substantially increases the likelihood of serious injury or death to you and the motoring public.”

Failing to comply with the provisions of the Federal imminent hazard disqualification order may result in civil penalties of up to $5,902.  Knowing and/or willful violations may result in criminal penalties.

A copy of the imminent hazard disqualification order issued to David R. Williams is available here.

McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

FMCSA Declares Texas Motor Carrier to be an Imminent Hazard to Public Safety

Posted on by McCraren Compliance

First published by FMCSA

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has declared Koboat Trucking LLC, USDOT No. 3273682, a Houston-based motor carrier, to be an “imminent hazard” to public safety and ordered the motor carrier to immediately cease all interstate and intrastate operations.  The motor carrier was served the Federal order on March 4, 2022.

On February 3, 2022, a driver operating for Koboat Trucking LLC crashed in Tennessee and killed a Sergeant from the Loudon County Sheriff’s Office.  The driver ignored a rolling roadblock and crashed into 2 cars before killing the Sergeant, who had stopped to remove a ladder obstructing the roadway. Koboat Trucking’s driver did not have a commercial driver’s license, was prohibited from operating commercial motor vehicles due to a previous positive drug test, and was arrested for being under the influence of marijuana at the time of the crash.  A subsequent FMCSA review of Koboat Trucking found the motor carrier to be egregiously noncompliant with multiple Federal safety regulations, including: Controlled Substances and Alcohol Use and Testing (49 CFR Part 382); Commercial Driver’s License Standards (49 CFR Part 383); Driver Qualification (49 CFR Part 391); Hours of Service of Drivers (49 CFR Part 395); and vehicle Inspection, Repair, and Maintenance (49 CFR Part 396).

Koboat Trucking took no action to ensure its driver was eligible to drive; had it done so, it would have discovered that the driver was not properly licensed, and was prohibited from driving its truck due to a drug test conducted in March 2020 that came back positive for marijuana.  In fact, Koboat Trucking had no safety management controls in place.  Koboat Trucking did not have a program to detect and deter the use of controlled substances by its drivers, did not have a program to ensure its drivers were qualified and licensed, did not have a program to control its drivers’ hours of service, and did not have a program to ensure its vehicles were appropriately inspected and repaired.  Koboat Trucking exercised virtually no oversight over its drivers or vehicles and thus abdicated all responsibility for safety.

FMCSA’s imminent hazard out-of-service order states that Koboat Trucking’s  “…complete and utter disregard for the [federal safety regulations] substantially increases the likelihood of serious injury or death for your drivers and the motoring public if your operations are not discontinued immediately.”

Failing to comply with the provisions of the Federal imminent hazard order may result in civil penalties of up to $28,142 for each violation.  Koboat Trucking LLC may also be assessed civil penalties of not less than $11,256 for providing transportation in interstate commerce without operating authority registration, and up to $15,876 for operating a CMV in interstate commerce without USDOT Number registration.  Knowing and/or willful violations may result in criminal penalties.

A copy of the imminent hazard order issued to Koboat Trucking LLC is available here.

McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.